Jennifer Fay is a partner in Goodwin’s Labor & Employment practice and a member of the firm’s Executive Committee. She is also a founding member of the firm’s Trade Secrets & Restrictive Covenants practice. Ms. Fay focuses her employment law practice on servicing the firm’s technology, life sciences, private equity/venture capitalist and financial services clients, as counselor, a litigator and an employment law compliance expert. She has developed a particular expertise in connection with CEO and other executive transitions, complex workplace investigations and the development and implementation of proactive human resources strategies, including interactive workplace training. Ms. Fay dedicates much of her practice to investigations related to alleged discrimination/harassment, ethics and policy violations, founders’ disputes and whistleblower claims.
Ms. Fay is also the firm’s primary specialist on employment-related issues that arise in connection with transactional matters, including mergers and acquisitions, asset deals and financing events. She regularly advises clients regarding complex topic areas, including IRS Code Section 409A compliance with respect to employment arrangements, sophisticated employment arrangements (including for public company executives), bonus plans and equity compensation matters.
She has special expertise in the areas of restrictive covenants including noncompetition, nondisclosure and nonsolicitation agreements. Trade secret issues often come into sharpest focus when an employee leaves one company to start another or work for a competitor. Such cases raise trade secret issues for all parties involved. Ms. Fay regularly provides strategic counseling and litigation services to clients who find themselves in these circumstances.
Ms. Fay also has in-depth knowledge of worker classification, discrimination, harassment and anti-retaliation laws, pay equity legislation and other high priority areas of interest for employers. She applies her subject matter expertise while counseling clients, negotiating with opposing counsel, handling disputes including through mediation and litigation, and collaborating with the firm’s business law attorneys and clients.
Ms. Fay works with publicly traded organizations as well as small businesses and across industry lines. She has ongoing relationships with many of the firm’s life sciences and technology clients, as well as numerous private equity and venture capital firms and their portfolio companies.
Her notable work in the past year includes handling sensitive and high stakes executive-level investigations and transitions, collaborating with respected economists to conduct gender pay equity audits, and presenting in venues across the country as a subject matter expert with respect to workplace harassment and assault.
Over the years, Ms. Fay has developed special expertise in the areas of executive employment agreements, worker classification matters, sexual and other types of discriminatory harassment, reductions-in-force and restrictive covenants.
Ms. Fay is a graduate of the Massachusetts Commission Against Discrimination's Train the Trainer Certification Program and is on the MCAD's list of recommended trainers. She is a member of the Boston, Massachusetts and American Bar Associations.
Ms. Fay is listed in the Labor & Employment category in Chambers USA: America’s Leading Lawyers for Business, where clients praise her for being "very good in a crisis" and understanding how businesses work, really knowing the law, and understanding people issues. She has also been recognized by Best Lawyers in the field of labor and employment litigation.
Ms. Fay is a regular speaker at internal and external seminars and webinars, board of director and executive committee meetings and has taught continuing legal education courses for attorneys on a variety of employment law topics. Her recent presentations and publications include:
(magna cum laude)
Ms. Fay was the recipient of the Law Faculty’s Outstanding Student Award, served as Editor-in-Chief of the Suffolk University Law Review and was class Salutatorian.
(cum laude)
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